Case: 13-3011 Document: 12 Page: 1 Filed: 12/13/2012
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
__________________________
MARSHA L. PAYTON,
Petitioner,
v.
MERIT SYSTEMS PROTECTION BOARD,
Respondent.
__________________________
2013-3011
__________________________
Petition for review of the Merit Systems Protection
Board in case no. AT0353110956-I-1.
__________________________
ON MOTION
__________________________
ORDER
The Department of Homeland Security moves to
recaption to name the Merit Systems Protection Board as
respondent.
Pursuant to 5 U.S.C. § 7703(a)(2), the Board is desig-
nated as the respondent when the Board's decision concerns
the procedure or jurisdiction of the Board. The employing
agency is designated as the respondent when the Board
reaches the merits of the underlying case. Here, the Board
Case: 13-3011 Document: 12 Page: 2 Filed: 12/13/2012
MARSHA PAYTON V. MSPB 2
dismissed Payton’s appeal for lack of jurisdiction. Thus, the
Board is the proper respondent in this petition for review.
Accordingly,
IT IS ORDERED THAT:
The motion is granted. The revised official caption is
reflected above. The Board’s responsive brief is due
within 21 days of the date of filing of this order.
FOR THE COURT
/s/ Jan Horbaly
Jan Horbaly
Clerk
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